Utah Code 78A-4-103. Court of Appeals jurisdiction
Current as of: 2024 | Check for updates
|
Other versions
(1) As used in this section, “adjudicative proceeding” does not include a proceeding under Title 63G, Chapter 2, Part 4, Appeals, that precedes judicial review under Section 63G-2-404.
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| first degree felony | 5 years to life | up to $10,000 |
Terms Used In Utah Code 78A-4-103
- Adjudicative proceeding: means :(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) The Court of Appeals has jurisdiction to issue all extraordinary writs and to issue all writs and process necessary:(2)(a) to carry into effect its judgments, orders, and decrees; or(2)(b) in aid of its jurisdiction.(3) The Court of Appeals has appellate jurisdiction, including jurisdiction of interlocutory appeals, over:(3)(a)(3)(a)(i) a final order or decree resulting from:(3)(a)(i)(A) a formal adjudicative proceeding of a state agency;(3)(a)(i)(B) a special adjudicative proceeding, as described in Section 19-1-301.5; or(3)(a)(i)(C) a hearing before a local school board or the State Board of Education as described in Section 53G-11-515; or(3)(a)(ii) an appeal from the district court review of an informal adjudicative proceeding of an agency other than the following:(3)(a)(ii)(A) the Public Service Commission;(3)(a)(ii)(B) the State Tax Commission;(3)(a)(ii)(C) the School and Institutional Trust Lands Board of Trustees;(3)(a)(ii)(D) the Division of Forestry, Fire, and State Lands, for an action reviewed by the executive director of the Department of Natural Resources;(3)(a)(ii)(E) the Board of Oil, Gas, and Mining; or(3)(a)(ii)(F) the state engineer;(3)(b) appeals from the district court review of:(3)(b)(i) adjudicative proceedings of agencies of political subdivisions of the state or other local agencies; and(3)(b)(ii) a challenge to agency action under Section 63G-3-602;(3)(c) appeals from the juvenile courts;(3)(d) interlocutory appeals from any court of record in criminal cases, except those involving a charge of a first degree or capital felony;(3)(e) appeals from a court of record in criminal cases, except those involving a conviction or charge of a first degree felony or capital felony;(3)(f) appeals from orders on petitions for extraordinary writs sought by persons who are incarcerated or serving any other criminal sentence, except petitions constituting a challenge to a conviction of or the sentence for a first degree or capital felony;(3)(g) appeals from the orders on petitions for extraordinary writs challenging the decisions of the Board of Pardons and Parole except in cases involving a first degree or capital felony;(3)(h) appeals from district court involving domestic relations cases, including, but not limited to, divorce, annulment, property division, child custody, support, parent-time, visitation, adoption, and paternity;(3)(i) appeals from the Utah Military Court; and(3)(j) cases transferred to the Court of Appeals from the Supreme Court.(4) The Court of Appeals upon its own motion only and by the vote of four judges of the court may certify to the Supreme Court for original appellate review and determination any matter over which the Court of Appeals has original appellate jurisdiction.(5) The Court of Appeals shall comply with the requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its review of agency adjudicative proceedings.